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HomeMy WebLinkAbout02/16/2016 05F City of Kent Intergovernmental Cooperative Purchasing Agreement 10 I ih 1114 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.F. For Meeting of: February 16, 2016 ITEM TITLE: Resolution authorizing the execution of an Intergovernmetal Cooperative Purchasing Agreement with the City of Kent Fire Department SUBMITTED BY: Maria Mayhue, Senior Buyer - #575 -6094 SUMMARY EXPLANATION: The City of Kent Fire Department currently holds a contract with Sea Western that the City of Yakima Fire Department would like to utilize in order to purchase turnout gear. The City of Kent Fire Department also holds other contracts that the City may choose to utilize as needed in the future. The city of Kent would, in turn, be authorized to utilize our contracts. Pursuant to the provisions of RCW 39.34, the City of Yakima may enter into intergovernmental cooperative purchasing agreements with other public agencies in order to allow the parties of said agreements to cooperatively purchase or acquire supplies, equipment, and materials under contract and to utilize each other's contracts, as needs arise. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Staff respectfully requests that the City Council adopt the Resolution. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D IResoll ii ior III...A with City of IKent Fire Department 2/9/2016 IResollutlion lIntertocall IPurchasing Agreement City of' IKent Rre 2/9/2016 Contract Depart RESOLUTION NO. R -2016- A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Kent Fire Department. WHEREAS, the City of Yakima (City) and City of Kent Fire Department, desire to arrange for making cooperative purchases of certain goods and services; and the City Council of the City of Yakima deems it to be in the best interests of the City that such arrangement be carried out according to the provisions, terms and conditions of the attached agreement document and that it is in the best interests of the City that the attached agreement document be execute, now, therefore; and; WHEREAS, pursuant to the provisions of RCW 39.34, the City of Yakima may enter into intergovernmental cooperative purchasing agreements with other public agencies in order to allow the parties of said agreements to cooperatively purchase or acquire supplies, equipment, and materials under contract and to utilize each other's contracts, as needs arise; and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with the City of Kent Fire Department for the purpose mentioned above, a copy of which agreement, entitled "Interlocal Cooperative Purchase Agreement" is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of , 2016. ATTEST: Avina Gutierrez, Mayor City Clerk INTERLOCAL COOPERATIVE PURCHASE AGREEMENT This Agreement is entered into between the undersigned, municipal corporations of the State of Washington. It is the purpose of this Agreement to provide for the cooperative purchase of materials, supplies and equipment by the parties to this Agreement when determined by the legislative body of a participating party to be in the best interest of such party. This Agreement is entered into under the authority of the Interlocal Cooperation Act, chapter 39.34 RCW. It is agreed by the parties as follows: 1. Term. The term of this Agreement in respect to each party to this Agreement shall commence on the date of execution of the Agreement by that party and shall remain in effect until terminated by a party as provided in paragraph 5 of this Agreement. 2. Cooperative Purchase. Each party agrees to provide in bid proposals and specifications appropriate language to authorize and permit the other parties to the Agreement to purchase such materials, supplies and equipment under the terms and conditions of the purchase contract awarded by such party. Provided, however, the parties shall not be required to include such language when, in the sole discretion of the party going out to bid, the party determines that such language is not in the best interest of the party. The bid language to be included should be substantially as follows: "Interlocal Bids. Bids shall be subject to chapter 39.34 RCW, the Interlocal Cooperation Act, under which other governmental agencies may purchase through the bid proposal accepted." 3. Discretion. The determination of whether or not any party to this Agreement shall purchase materials, supplies or equipment under the terms and conditions of any purchase contract available to, or entered into, by the other parties under a statutory bidding procedure shall be made by the legislative body of the party desiring to make such purchase. 3. Financial Responsibility. Each party shall remain financially responsible for the payment of the purchase price of all materials, supplies and equipment purchased and received by such party under the terms of this Agreement. 4. Ownership. Title to all items purchased by any party to this Agreement shall remain in the name of such party. 5. Termination. Any party to this Agreement may terminate its participation in the Agreement by giving the other parties to the Agreement 30 days written notice of such intent to terminate. 6. Limitations. The parties shall not jointly acquire property or jointly budget funds under the authority of this Agreement. 7. Statutory Compliance. Each party agrees to comply with the statutory bidding requirements applicable to such party when acting under this Agreement. 8. Administration. No new or separate legal or administrative entity is created to administer the provisions of this agreement. -1- 9. Right to Contract — Independent Action Preserved. Each party reserves the right to contract independently for the acquisition of goods or services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 10. Hold Harmless. Each party shall indemnify, defend and hold the other party harmless from any liability arising from any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. DATED: , 2016 APPROVED this day of , 2016 KENT FIRE DEPARTMENT CITY OF YAKIMA REGIONAL FIRE AUTHORITY By: By: Fire Chief Jeffrey R. Cutter, Interim City Manager Subscribed and sworn to me this day of , 2016 Notary Public in and for the State of , residing at My commission expires ATTEST: Sonya Claar Tee, City Clerk -2-